SCRA State Laws

The Servicemembers Civil Relief Act is a federal law protecting servicemembers on active duty from some court actions. The federal SCRA provides broad protections that cover situations such as foreclosure, court cases, loans and more. But many states have gone above and beyond the federal law in adding protections. Lenders, landlords, litigants and attorneys should be aware of these additional SCRA state laws, local laws and requirements. The list is long and detailed. Bookmark it and save it as a reference for court cases involving servicemembers.

This compilation is not exhaustive and we encourage people to alert us to new statutes to include on this list.

If a service member dies while deployed overseas, the lender must wait at least 180 days before starting a foreclosure against the surviving spouse or the service member’s estate, provided that the surviving spouse or the estate notifies the lender and asks for a delay (and the mortgage was taken out after August 1, 2009)

Protections are extended to National Guard members if service is for more than 180 days. Lender may not foreclose on a military servicemember for nonpayment or any breach during military service without a court order, provided servicemembers meet certain conditions. Servicemembers cannot be evicted if rent is less than $1,200/month. If notified by a servicemember, creditors must adjust the interest rate to 6%.

Protections are extended to members of the National Guard called or ordered into active state service by the governor or into active federal service by the president. This also applies to reservists called to full-time active duty.

If a servicemember took out the mortgage before going on active duty (state or federal), the lender cannot foreclose during the time of service if it is more than 17 days, or within 30 days thereafter unless a court issues an order ahead of time allowing it. Servicemembers on active duty cannot be evicted if rent is less than $1,200/month.

Protections are similar to the federal Servicemembers Civil Relief Act provided for members of the state military forces. This includes the right to postpone legal proceedings and a prohibition on nonjudicial foreclosures.

Certain servicemembers may apply to the court for a 90-day stay of foreclosure proceedings. Or, in some cases, they may apply for a reduction in the monthly payments for up to 90 days. Court can postpone proceedings if state or federal military service directly results in failure to meet pre-service obligations.

Michigan law provides special protections against foreclosure to certain military servicemembers. These include members of the Michigan National Guard. So long as either the mortgagor entered into the mortgage before becoming a servicemember or the mortgagor is deployed in overseas service, lender cannot foreclose nonjudicially during the servicemember’s period of military service (or within 6 months thereafter) unless a court orders the sale or foreclosure.

Court may stay civil proceedings related to a servicemember’s nonpayment on a mortgage for their primary residence or adjust the payment due. Applicable to any member of the Montana Army or Air National Guard serving on active duty at least 14 consecutive days of full-time state active duty ordered by the governor or full-time National Guard duty.

New Jersey law provides protections similar to the federal Servicemembers Civil Relief Act. For example, a servicemember can potentially stay (postpone) court proceedings, and the court will not include the period of military service in the redemption period. The law applies to servicemembers on federal active duty or in state military service pursuant to the governor’s orders.

Protections are extended to members of the National Guard ordered to state active duty for 30 or more consecutive state duty days or to any federally funded duty performed in an operational role for homeland security.

New York has a law similar to the federal Servicemembers Civil Relief Act that applies to those on federal active duty or state duty pursuant to an order of the governor. Among other things, it provides that a servicemember may apply to the court for a stay of proceedings (postponement) in a foreclosure action under certain circumstances.

Nonjudicial foreclosure is prohibited during or within 90 days after a borrower’s period of military service. However, this applies only if the mortgage or deed of trust originated before the period of military service.

If a member of a reserve or Tennessee National Guard unit entered into a mortgage or deed of trust to purchase a home, and is subsequently called to active military service outside the U.S. during hostilities, the lender cannot foreclose until 90 days after the servicemember returns to the state.

Statutes of limitations are tolled for those under a “legal disability” who are entitled to sue for the recovery of real property or entitled to make a defense based on the title to real property. (The definition of “legal disability” includes those serving in the armed forces during wartime.)

Statute of limitations tolled for those in military or naval service of the U.S. or Vermont National Guard and ordered to state active duty, and at the time of entering such service or duty, had a cause of action against another person, or another person had a cause of action against them.

Protections against foreclosure for members of the National Guard or state defense force ordered into state active duty for 30 days or more. Lenders cannot foreclose during or within 90 days after the servicemember’s period of state active duty unless a court approves it before active duty and after the foreclosure. Applies to mortgages taken out prior to active duty.

Attorney Roy Kaufmann serves as the Director of the Servicemembers Civil Relief Act Centralized Verification Service, located in Washington, D.C. As a recognized authority on the Servicemembers Civil Relief Act, Mr. Kaufmann has published hundreds of articles and hosted many webinars. His teachings help law firms and businesses to remain compliant with the SCRA rules and regulations so as to avoid costly fines.

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